What is the deadline for filing responses in ex parte reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The deadline for filing responses in ex parte reexamination is set by 37 CFR 1.530 for patent owners and 37 CFR 1.535 for reexamination requesters. As stated in MPEP 2252, “The failure to timely file or serve the documents set forth in § 1.530 or in § 1.535 may result in their being refused consideration.” While the language suggests discretion, patent owners and requesters should expect that late submissions will be refused consideration.
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2252 - Consideration Of Statement And Reply
Patent Law
Patent Procedure